Sean Munekiyo v. Capital One Bank USA N.A. et al

Filing 42

ORDER DISMISSING WITH PREJUDICE ALL CLAIMS AGAINST CAPITAL ONE BANK (U.S.A.), N.A., CAPITAL ONE SERVICES, LLC, AND NCO FINANCIAL SYSTEMS, INC. by Judge Christina A. Snyder: Upon Agreed Stipulation 41 , IT IS HEREBY ORDERED that the action is dismissed with prejudice and without costs to any party. ( Case Terminated. Made JS-6. ) (gk)

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Sergei Lemberg (Admitted Pro Hac Vice)
Lemberg and Associates LLC
1100 Summer Street 3rd Floor
Stamford, CT 06905
T: [phone] x5500
F: [phone]

JS-6

Lara R. Shapiro (State Bar No. 227194)
4145 Via Marina # 324
Marina del Rey, CA 90292
T: [phone]
F: [phone]
Attorneys for Plaintiff,
Sean Munekiyo, on behalf of himself
and all others similarly situated

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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)
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Plaintiff,
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-against)
CAPITAL ONE BANK (U.S.A.), N.A. )
CAPITAL ONE SERVICES, LLC, and )
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NCO FINANCIAL SYSTEMS, INC.,
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Defendants.
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SEAN MUNEKIYO, on behalf of
himself and all others similarly
situated,

Civil Action No.:
11-CV-3143(CAS)(JC)

ORDER DISMISSING WITH
PREJUDICE ALL CLAIMS
AGAINST CAPITAL ONE BANK
(U.S.A.), N.A., CAPITAL ONE
SERVICES, LLC, AND NCO
FINANCIAL SYSTEMS, INC.

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[PROPOSED] ORDER DISMISSING WITH PREJUDICE
ALL CLAIMS AGAINST CAPITAL ONE BANK (U.S.A.), N.A.,
CAPITAL ONE SERVICES, LLC, AND NCO FINANCIAL SYSTEMS, INC.

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WHEREAS, the parties in the above-captioned matter have filed an Agreed

3 Stipulation Dismissing With Prejudice All Claims Against Defendants Capital One Bank
4 (U.S.A.), N.A., Capital One Services, LLC, and NCO Financial Systems, Inc.; and
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WHEREAS, the Agreed Stipulation pertains only to Plaintiff’s individual claims,

6 and not any potential claims of putative class members; and
WHEREAS, because there has been no motion for class certification and no class
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8 has been certified, the settlement procedures under Fed. R. Civ. P. 23(e) are not implicated,
9 see Fed. R. Civ. P. 23 Advisory Committee’s note on 2003 amendments (noting that Fed.
10 R. Civ. P. 23(e) requirements do not apply to individual settlements)
IT IS HEREBY ORDERED that the above-captioned action is dismissed with
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12 prejudice and without costs to any party.
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Entered this 12th of June, 2012

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SO ORDERED

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Hon. Christina A. Snyder

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[PROPOSED] ORDER DISMISSING WITH PREJUDICE
ALL CLAIMS AGAINST CAPITAL ONE BANK (U.S.A.), N.A.,
CAPITAL ONE SERVICES, LLC, AND NCO FINANCIAL SYSTEMS, INC.

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67519.000333 EMF_US 40576329v1